THE judge who did not jail three boy rapists was told by the prosecution that their offences were “akin” to a previous case where a teenage rapist was jailed for eight years, it was revealed today.

Judge Nicholas Rowland said he wanted to “avoid criminalising these children unnecessarily” as he allowed two 15-year-olds who raped two girls in Fordingbridge, Hampshire, to walk away from Southampton Crown Court.

A third boy, now aged 14, who raped one of the girls and committed an indecent images offence was also spared jail.

Their sentences are being sent to the Court of Appeal after a review under the Unduly Lenient Sentences (ULS) scheme.

Prosecutor Jodie Mittell KC cited a previous case involving a 15-year-old boy convicted of three rapes, digital penetration and sexual assault in her sentencing note for the hearing.

Ms Mittell, who herself sits as a recorder, stated that “on balance, (the previous case) is akin to this case, with features that vary in seriousness.”

She outlined that there were four complainants in the previous case — aged 13, 14 and 15 — and the offences occurred after the defendant “met the complainants after first contacting them online,” with the offences taking place in a wooded area and in a public lavatory.

The note, which was not read out loud in court but presented digitally to the judge, says that the sentence of a eight-year custodial term with a six-year extended licence was given to the boy who was 16 at the time of sentence after the judge in that case “applied the adult guidelines.”

She added that the circumstances of the Fordingbridge attacks were sufficient “to elevate the offence to category 1 harm” — the highest level for sentencing and that these factors included “vulnerable” victims, “additional degradation/humiliation (comments from those present),” “violence or threats of violence beyond that which is inherent in the offence” and “psychological harm to be determined.”

Ms Mittell also highlighted the “significant degree of planning” by befriending the first victim online.

One of the victims said today that she is too terrified to leave home, has suffered flashbacks, is struggling to study for her GCSEs and feels that she is being “punished for something that wasn’t my fault.”